Board of Directors: 

Mel Sheldon JR - Chairman 

Les Parks - VICe Chairman 

Glen Gobin -Treasurer 

Marie Zackuse - Secretary 

Bonnie Juneau - Board Member 

Herman Williams SR- Board Member 

Theresa Sheldon - Board Member 

Misty Napeahi - General Manager 

Ruby Lotan - Deputy General Manager 

January 6, 2016 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

6406 MARINE DR 1m 

TULALIP, WA 98271-9694 

(360) 716-4000 

FAX (360) 716-4032 

The Tulallp Tribes are the successors 

In Interest to the Snohomish, 

Snoqualmie, and Skykomish tribes and 

other tribes and band signatOI)' to the 

Treaty of Point Elliott. 

Rc: Exemption Request Under Section 333 of the FAA Reform Act and Part II of the Federal Aviation 

Regulations 

Dear Madam I Sir, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. 

Part 11 , The Tulalip Tribes, an operator of the eBee Unmanned Aircraft System ("eBee") seeks an exemption 

from the Federal Aviation Regulations ("FARs") listed below: 

14 C.F.R. 21 

14 C.F.R. 61.133(a) (b) 

14 C.F.R. 91.7(b) 

14 C.F.R. 91.119 

14 C.F.R. 91.151(a) 

14 CFR Subpart E (91.401- 91.417) 

The requested exemption would authorize commercial operations using the eBee for aerial mapping and survey 

applications. These operations will be subject to strict operating requirements defined in the eBee user manual the 

Tulalip Tribes requests the FAA treat the eBee training program as proprietary under 14 C.F.R. 11.35(b) and does 

not include this document in the public docket and conditions defined in the paragraph 3. 

The Tulalip Tribes of Washington is a federally recognized sovereign Indian tribe with a reservation in western 

Washington. The Tulalip Tribes is a federally recognized Indian Tribe and is the political successor in interest 

and descendant of treaty signatories to the Treaty of Point Elliot, negotiated between several northwest tribes and 

the United States. In the Treaty, The Tulalip Tribes reserved the right to fish at usual grounds and stations and are 

co-managers of fishery resources as defined in U.S. v. Washington in 1974. [U.S. v. Washington, 459 F. Supp. 

1020, 1038 (W.D. Wash. 1978); U.S. v. Washington, 626 F. Supp 1405, 1527 (W.D. Wash. 1985}, A./f'd, 841 F. 

2d 317 (9111 Cir. 1988)] and also reserved the rights to hunt and gather on open and unclaimed lands. The treaty 

also reserved the Tribes' right to protect fish habitat as described in the U.S. v. Washington Culvert Case 

Summary Judgment in 2007 by the United States District Court, Western District of Washington. (United States v. 

Washington, 01-1, Culverts, Summary Judgment Order). 

The Tribes have interest in and culture within the external bounds 
of their ceded lands, as well as the broad geographic scope of their Usual and Accustomed (U&A) areas. These 

treaty-reserved U&A areas have been adjudicated in the courts and have specific legal descriptions, but can 

generally be described as an area from the Canadian border south to Vashon Island in mid-Puget Sound, from the 

crest of the Cascade Mountains west to the Strait of Juan de Fuca. Consistent with this interest the Tribes find it 

necessary to engage in habitat protection and restoration efforts, as well as other resource monitoring strategies. 

Often times this entails collection of remote sensing data for pre- and post-project evaluation, as well as analyses 

of basin-scale land-use management practices. The use of sUAS (small unmanned aerial system) technology for 

remote sensing data collection gives the Tulalip Tribes the greatest flexibility in achieving our goals for resource 

protection, enhancement, and restoration, thus keeping in step with the Tribes ceded treaty rights. 

1. CHARACTERISTICS OF THE AIRCRAFT 

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform 

made of flexible foam that performs pre-programmed precision aerial mapping missions thanks to the on-board 

GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a 

mission in 30, and then monitor it in real-time. Thanks to the embedded camera, protected by a foam envelope, 

the eBee takes a collection of high-definition still images that are used later to generate maps and contour lines of 

the surveyed area. 

The four main characteristics of the eBee are: 

a. Very light weight 

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring 

a parachute or landing net (belly land). Its low impact energy (38 J in case of a controlled emergency landing) 

also significantly reduces the risk of hazardous situations. Finally, the wings of the eBee are detachable and made 

of flexible foam with no sharp or hard edges and almost no internal strengthening structure. 

b. Electric-powered 

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached 

with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object. 

c. Semi-automatic flight 

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from the 

Inertial Measurement Unit and from the onboard GPS and takes care of all the aspects of the flight under the 

supervision of the operator. 

d. Option for Manual control 

Additionally, the eBee provides an override capability that allows the operator to take manual actions during the 

flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take 

manual control of the aircraft should it become necessary to respond emergent circumstances, thanks to the 

remote controller provided with the system. 

2. APPLICATIONS 

Using the eBee's sensor technology will provide the Tulalip Tribes with the ability to collect new and up-to-date 

imagery and elevation information. Once the area of interest is flown, images collected during the flight are 

processed through Postflight Terra 30 software where they are merged together into an orthorectified photo 

mosaic. The images are also processed to make a high resolution topographic model. The imagery and terrain 

information collected by the UAS is essential to making informed decisions on resource impacts and project 

design. 
The eBee will be used to collect information for the following activities: 

• Fish and wildlife habitat restoration project scoping. planning. and post-project monitoring 

• Land-use (land cover, vegetation class. environmental degradation, etc .. ) status and trends monitoring 

• Landscape natural processes monitoring 

• Wildlife habitat monitoring and population sun,eys 

• Topographic analysis of landscape features (e.g., intertidal beaches, floodplains, allilvialfans, landslides, 

etc ... ) 

• Shoreline mapping and beach roughness sun,eys 

• Vegetation and forest health surveys 

• Monitoring of various fisheries activities 

• Thermal imaging of nearshore areas for algal mapping 

• Updated ortlro-mosaics ofThe Tulalip Tribes Resen,ation 

• Other natural resources remote sensing data collection efforts 

Often this type of aerial reconnaissance can be completed using manned aerial vehicles at a substantial cost per 

flight. These flights are expensive and not without some risk of injury and/or death to the pilot, passengers, and 

ground occupants. The eBee will not completely replace the need for this type of data collection, but it will 

provide the ability to collect this information in small areas at a lower cost and risk than a manned flight or 

ground survey, as well as provide additional flexibility to survey during unique weather windows. This will 

provide high quality information to the project team where collection of this information was more complicated 

and potentially not feasible in the past. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the eBee 

The Tulalip Tribes notes that the airworthiness of the eBee has already been demonstrated for different projects in 

the United States, involving state/federal agencies or universities (among others the New Mexico State 

University :https:/ /newscenter. runsu.edul Articles/view/1 0208/runsu·uas-flight -test -center-conducts-ebeeairworthiness·assessment, and the USACE New Orleans, who coordinated with the Department of Anny and the 

FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee already received 

15 Exemptions from the FAA. 

SenseFly also obtained flight approvals for the eBee {delivered by national civil aviation authorities) in many 

countries, among others: 

Switzerland (flight approval for VLOS operations) 

Canada (flight approval for VLOS operations) 

Australia (flight approval for VLOS operations) 

France (flight approval for Extended-VLOS operations) 

Germany (flight approval for VLOS operations) 

United Kingdom {flight approval for VLOS operations) 

Norway (flight approval for VLOS operations) 

Sweden (flight approval for VLOS operations) 

Derunark (flight approval for VLOS operations) 

b. Operating requirements 

Grant of the exemption to the Tulalip Tribes for the eBee will be subject to the following operating conditions: 

1. Operations authorized by this grant of exemption are limited to the SenseFly eBee when weighing less than 55 
pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (I 00 miles per hour). The exemption holder may 

use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no 

case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be 

reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be 

able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued airman medical certificate or U.S. driver's licence. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight 

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO 

can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the 

conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. 

The operating documents must be accessible during UAS operations and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures 

outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator's responsibility to track such revisions and present 

updated and revised documents to the Administrator or any law enforcement official upon request. The operator 

must also present updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon which the FAA 

granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA's 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, 

e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further 

operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must 

remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to 

not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for 

safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, 

items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. 
11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline· transport, commercial, private, recreational, 

or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's 

license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 14 CFR § 61 .56 in an aircraft in 

which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51 (b). Flights for 

the purposes of training the operator's PICs and VOs (training, proficiency, and experience-building) and 

determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption are permitted under the terms of this exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the 

UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not 

authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current 

FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol 

as denoted on the current FAA- published aeronautical chart, unless a letter of agreement with that airport's 

management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement 

with the airport management must be made available to the Administrator or any law enforcement official upon 

request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre- determined location 

within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there 

is enough available power for the UA to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an A TO-issued CO A. The exemption holder may apply for a new or amended COA 

if it intends to conduct operations that cannot be conducted under the terms of the attached CO A. 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N- Number) markings in accordance with 14 CFR part 
45, Subpart C. Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents 

required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS 

any time the aircraft is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, 

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in 

the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If 

a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those 

objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined 

that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this 

exemption. 

27. All operations shall be conducted over private or controlled-access property with permission from the 

property owner/controller or authorized representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational 

area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov. 
3. CONCLUSION 

The Tulalip Tribes is seeking this exemption so that we can use the SenseFly eBee sUAS for data collection 

operations. This sUAS provides a more cost effective, efficient, and safe means of aerial photography data 

collection which in turn allows the Tribes to provide in-house staff with this information in an effort to make 

better decisions and designs in a more timely and accurate manner. 

Approval of this exemption provides us the opportunity to use existing technology to provide the best product and 

service possible. It also allows us the opportunity to contribute to the development of an innovative and rapidly 

developing market. 

Please do not hesitate to contact our project manager Derek Marks (Timber, Fish and Wildlife Manager, 

360.716.4614) for this request if you have any questions. Thank you for your time and consideration in this 

matter. 

Sincerely, 

\.;(A~ ~(L~ 

Misty Napeahi 

The Tulalip Tribes, General Manager 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION 

The Tulalip Tribes requests an exemption from the following regulations as well as any additional regulations that 

may technically apply to the operation of the eBee: 

14 C.F.R. Part 21, Subpart H: Ainvorthiness Certificates 

14 CFR § 91.203(a)(l) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR§ 91.203(a). Given the size of the eBee, its very light weight (the maximum take-off weight is 

1. 7 pounds) and the limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these 

different criteria demonstrates that the eBee operated without an airworthiness certificate, under the conditions 

proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness 

certificate. A proprietary risk assessment for operations with the eBee, which demonstrates that assertion, is also 

being submitted to the FAA as part of this application. The Tulalip Tribes requests the FAA treat the eBee risk 

assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the 

United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical 

possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or 

authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that 

country may be used. 

The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft 

in connection with any business or employment if: 

( 1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the eBee and the fact that the missions are pre-programmed and monitored in realtime with a specific flight management software (eMotion), SenseFly proposes that operators of the eBee should 

not be required to hold a commercial pilot certification. Instead, operators should be required to: 

Have a sport or recreational pilot license (at least) and have successfully passed a manufacturer's training program 

for the eBee. 

14 C.F.R. § 91.7(a): Civil aircraft ainvorthiness 
This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the 

exemption be granted allowing commercial operation of the eBee without an airworthiness certificate, no standard 

will exist for airworthiness of the eBee. Given the size of the aircraft and the previous airworthiness assessments 

given to the eBee, among others: 

New Mexico State University: https://newscenter.nmsu.edul Articles/view/1 0208/nmsu-uas-flight-test-centerconducts-ebee-airworthiness-assessment 

USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations 

required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, 

and extensive oblique photography ofUSACE structures & activities 

An equivalent level of safety will be achieved by insuring compliance with the SenseFly manuals prior to each 

flight. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, the 

eBee cannot comply with this requirement. 

The equivalent level of safety will be achieved because the eBee will only fly over private property with the 

permission of the landowner. The operator will define before every flight a working area radius and a flight area 

ceiling, preventing the eBee to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the expected route 

of flight and the associated risks to persons and property on the ground. Due to the small size of the eBee and the 

material with which the eBee is built, the hazard to persons, vessels, vehicles, and structures is not comparable to 

manned aircraft and should be considered in granting the exemption. 

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The 

aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

Given the area of operation for the eBee, the Tulalip Tribes believes that an equivalent level of safety is already 

achieved with the specific procedure preventing the eBee to accept a take-off order is the battery level is below a 

given value. Moreover, SenseFly has integrated a "low" and "critical" battery warnings, and implemented a 

"return to Home" and "Go Land" actions in these situations. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43. 7" after maintenance and inspection. Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) 

requires the owner or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to 

service. 
The Tulalip Tribes proposes that the maintenance of the eBee will be accomplished by the owner/operator 

according to the maintenance manual, provided by SenseFly. The Tulalip Tribes requests the FAA treat the eBee 

training program as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket. 

An equivalent level of safety will be achieved because the eBee is small in size, it is not a complex mechanical 

device, it will carry no external payload, and it will operate only in restricted predetermined areas. Moreover, the 

operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition and to ensure an equivalent level of safety. Finally, before every flight, the eBee runs automatically a 

sequence of pre-flight tests to make sure that every sensor and every critical part is running properly. If a problem 

is detected, the eBee will not be able to be switched-on and a message error is displayed on the main screen of the 

flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. 

Several parts of the eBee are easily interchangeable (propellers, wings), which allows the operator to make sure 

the wings and propulsion system are always airworthy when a mission is initiated.